Under COPPA, how do I know if my channel is “directed to children”? Since the FTC and New York Attorney General announced their September 2019 settlement with YouTube for violations of the Children’s Online Privacy Protection Act Rule, we’ve heard that question from channel owners – sometimes called content creators. If you’re a channel owner who shares content on user-generated platforms like YouTube, read on for FTC staff guidance about the applicability of the COPPA Rule and how those covered by the Rule can comply with its requirements.

The FTC action against YouTube and Google

The lawsuit against YouTube and Google alleged that the companies illegally collected personal information from children, in violation of COPPA. According to the complaint, the companies collected that information from viewers of child-directed YouTube channels in the form of persistent identifiers that track users across the Internet, but didn’t notify parents and get their consent. To settle the case, YouTube and Google agreed to create a mechanism so that channel owners can designate when the videos they upload to YouTube are – to use the words of COPPA – “directed to children.” The purpose of this requirement is to make sure that both YouTube and channel owners are complying with the law.

A COPPA recap

That provision of the settlement has raised questions among content creators about how to determine if what they upload to YouTube or other platforms is “directed to children.” The answer requires a brief summary of some key COPPA provisions. Passed by Congress in 1998, the Children’s Online Privacy Protection Act is a federal law that protects the privacy of children under 13. COPPA’s foundational principle is one that most people can agree on: Parents – not kids, companies, platforms, or content creators – should be in control when it comes to information collected from children online.

The COPPA Rule defines “personal information” to include obvious things like a child’s first and last name or home address, but that’s not all. Under COPPA, personal information also covers what are called persistent identifiers – behind-the-scenes code that recognizes a user over time and across different sites or online services. That could be an IP address or a cookie when it’s used to serve targeted ads. Keep in mind that an operator also might be collecting personal information through an open comment field on its site or service that allows a user under 13 to make personal information publicly available. For example, think of a comment like this on a child-directed site: My name is Mary Jones from Springfield. I love this video!

How COPPA applies to channel owners

So how does COPPA apply to channel owners who upload their content to YouTube or another third-party platform? COPPA applies in the same way it would if the channel owner had its own website or app. If a channel owner uploads content to a platform like YouTube, the channel might meet the definition of a “website or online service” covered by COPPA, depending on the nature of the content and the information collected. If the content is directed to children and if the channel owner, or someone on its behalf (for example, an ad network), collects personal information from viewers of that content (for example, through a persistent identifier that tracks a user to serve interest-based ads), the channel is covered by COPPA. Once COPPA applies, the operator must provide notice, obtain verifiable parental consent, and meet COPPA’s other requirements. For information on how to comply with COPPA, please visit the FTC’s COPPA page for our Six-Step Compliance Plan for Your Business.

How channel owners can determine if their content is directed to children

Under COPPA, there is no one-size-fits-all answer about what makes a site directed to children, but we can offer some guidance. To be clear, your content isn’t considered “directed to children” just because some children may see it. However, if your intended audience is kids under 13, you’re covered by COPPA and have to honor the Rule’s requirements.

The Rule sets out additional factors the FTC will consider in determining whether your content is child-directed:

the subject matter,

visual content,

the use of animated characters or child-oriented activities and incentives,

the kind of music or other audio content,

the age of models,

the presence of child celebrities or celebrities who appeal to children,

language or other characteristics of the site,

whether advertising that promotes or appears on the site is directed to children, and

competent and reliable empirical evidence about the age of the audience.

The determination of whether content is child-directed will be clearer in some contexts than in others, but we can share some general rules of thumb. First, unless you’re affirmatively targeting kids, there are many subject matter categories where you don’t have to worry about COPPA. For example, if your videos are about traditionally adult activities like employment, finances, politics, home ownership, home improvement, or travel, you’re probably not covered unless your content is geared toward kids. The same would be true for videos aimed at high school or college students. On the other hand, if your content includes traditional children’s pastimes or activities, it may be child-directed. For example, the FTC recently determined that an online dress-up game was child-directed.

Second, just because your video has bright colors or animated characters doesn’t mean you’re automatically covered by COPPA. While many animated shows are directed to kids, the FTC recognizes there can be animated programming that appeals to everyone.

Third, the complaint in the YouTube case offers some examples of channels the FTC considered to be directed to children. For example, many content creators explicitly stated in the “About” section of their YouTube channel that their intended audience was children under 13. Other channels made similar statements in communications with YouTube. In addition, many of the channels featured popular animated children’s programs or showed kids playing with toys or participating in other child-oriented activities. Some of the channel owners also enabled settings that made their content appear when users searched for the names of popular toys or animated characters. Want to see the FTC’s analysis in context? Read pages 10-14 of the YouTube complaint.

Finally, if you’ve applied the factors listed in the COPPA Rule and still wonder if your content is “directed to children,” it might help to consider how others view your content and content similar to yours. Has your channel been reviewed on sites that evaluate content for kids? Is your channel – or channels like yours – mentioned in blogs for parents of young children or in media articles about child-directed content? Have you surveyed your users or is there other empirical evidence about the age of your audience?

What are the possible penalties for violating COPPA?

The Rule allows for civil penalties of up to $42,530 per violation, but the FTC considers a number of factors in determining the appropriate amount, including a company’s financial condition and the impact a penalty could have on its ability to stay in business. While Google and YouTube paid $170 million, in another COPPA case settled this year, the operator paid a total civil penalty of $35,000.

Isn’t the FTC taking another look at the COPPA Rule?

Yes, the FTC is currently evaluating the Rule in light of rapid changes in technology. If you would like to comment on the effectiveness of the COPPA Rule and whether changes are needed, the FTC has extended the comment deadline to December 9, 2019.

While I completely understand the attention to the welfare towards children and what they should not be seeing online, this doesn’t stop any child from just watching content aimed at a older demographic. A kid is going to watch what a kid wants to watch, regardless of the amount of regulation put up.

I feel like this new rule is overly strict. Being one of many animators on YouTube, I'm honestly scared to upload content anymore since I have bright and colorful characters. Plus, a lot of the things I upload don't comply with this rule. I just want to express myself and upload completely harmless and fun content.

You WILL NOT get away with this. You could ruin so many lives from this rule. I am determined to not let this happen. You will fix this. This is no laughing matter. Please, I’m begging you, for so many peoples sake. Don’t do this. Please, please, please. Don’t do this, please.

Why, you took everything from me, us, all of us, we can’t do anything now?!? No vibrant colors, no talking about stories, we basically have to watch GREY BLOCKS TALKING ABOUT HEALTH INSURANCE. You’ve taken this to far, when 2020 comes, family’s will be DESTROYED, business... WIPED, all because of you, you’re taking everybody’s money away just because of some dumb 80’s safety issue. COPPA, FTC, if you can see this please bring back the YouTube we love.

This will make a HUGE impact on many content creators like myself.. So many communities will be affected if this new law does pass. I’ll list a couple of communities that will be affected.. The Gacha community, gaming community, crafting, etc. This rule will literally affect millions of people who make content on here, as well as making a-full-time job out of youtube! It’s really unfair. People could go bankrupt, go homeless and etc. Please, reconsider this new law. Youtube could be killed by 2020. Also, I wish parents would actually take responsibility and monitor their children’s time online, it’s not the creators fault for “gathering information” from children, it’s Youtube/Google! I’m a Gachatuber myself, and I’m really scared in case I loose my channel, AND my fans!! So many peoples’ lives depend on Youtube for making money, please, stop. This isn’t fair on the Youtubers’ themselves, nor is it fair for the viewer of the videos! I hope you see this FTC and reconsider..

This rule needs heavy revision. The rules of this policy have to absolutely CRYSTAL CLEAR. Enacting this new COPPA policy will push creators into such a gray area that nearly all of their content is going to stagnate and become mediocre, it will make content either "too adult" or "too kid friendly" resulting in unfair punishment on the creator's part and potentially destroy their channel altogether, creators cannot keep up with being pushed from both sides of the content spectrum. All of these new rules need to be explicit, as to not let the creators make mistakes that could harm their channel. Parents need to be responsible for what their kids watch, not YouTube and not creators, as long as the content is not maliciously targeting children. I propose parental control capabilities on the platform and less content restriction on the creators part.

The complaint in the YouTube case offers some examples of channels the FTC considered to be directed to children. For example, many content creators explicitly stated in the “About” section of their YouTube channel that their intended audience was children under 13. Other channels made similar statements in communications with YouTube. In addition, many of the channels featured popular animated children’s programs or showed kids playing with toys or participating in other child-oriented activities. Some of the channel owners also enabled settings that made their content appear when users searched for the names of popular toys or animated characters. Read pages 10-14 of the YouTube complaint to see the FTC’s analysis in context.

This system will not work, it will not make kids safer or kids content more child friendly by the regulation of targetted ads you will drive out the profitability of child entertainment altogether. When all of the content creators have switch to more mature content, kids will still be coming to YouTube. And when they do they can and will encounter inappropriate content.This is not a problem to be fixed by government regulation it is a problem to be fixed by proper parenting.

The complaint in the YouTube case offers some examples of channels the FTC considered to be directed to children. For example, many content creators explicitly stated in the “About” section of their YouTube channel that their intended audience was children under 13. Other channels made similar statements in communications with YouTube. In addition, many of the channels featured popular animated children’s programs or showed kids playing with toys or participating in other child-oriented activities. Some of the channel owners also enabled settings that made their content appear when users searched for the names of popular toys or animated characters. Read pages 10-14 of the YouTube complaint to see the FTC’s analysis in context.

This is too broad of a stroke I am an adult and more than half of the media listed by you to be geared towards children apeals to me as the context of the orignal writing of this law was made during the age where I was a child I have grown since and my tastes and manner of speach have remained please reconsider how this law is meant to be enforced, as although I am an artist myself and make works that appeal to all ages. If a user states they are above the age of 13 then the adult responsible should be held responsible for it if they are committing perjury.

I want to animate content to upload on YouTube. I don't want to advertise this content, I just want to upload for everyone to watch, and I have some questions about how this will affect me:
1. I don't want to advertise my content, so how would I mark my channel if it's "Kid Friendly" or not?

2. (https://www.youtube.com/watch?v=JVZsbE4E68w) This video shows what will happen to animation content if they want to not be marked "Kid
Friendly" I don't want to do this, so how would this be applied to the content I want to upload?

3. I don't have the money to pay a fine of up to $42,530 nor do I have the ability to pay for a lawyer if the fine is taken to court. What would I do
then (if this were to happen)?

4. How would not advertising my content affect my choice of being "Kid Friendly" or not/ getting fined?

I would appreciate it if I could get a response soon, so I would know what to do about the animated content I want to upload. I would also appreciate it if it was explained how not advertising my content would also affect me (The chance of getting fined, and how I would mark my content on the platform)?

The law states that it is about children being the browser, and interacting with the device. Some children’s content will be accessed by the parent, so surely there is no breach of COPPA in those cases. This is not about what children are watching, it is about who is clicking on the the thumbnail. Creators need to be able to submit empirical evidence, so they can have assurance that they are not breaching COPPA.

Please make YouTube better by helping out YouTubers who break the law without knowing they did and please look at channel that are kid friendly and see if they are really kid friendly and please make sure to help tell parents that they should watch what are the kids are doing in the internet.

The COPPA rule in it's current form is not specific enough in its definition of what constitutes programming directed to children. My specific concern is that owners of channels that teach the making of and display hand made journals and books seem to fall into a huge crack. The journals and books and the images that fill them may in fact be bright, cheerful, colorful and include Disney and Disney-ish pictures, but the content is specifically directed at adults who have the skills and wisdom to use the tools required to produce these journals and books. I'm sure people involved in other creative hobbies could tell a similar story. Please do not enact COPPA as it is currently written.

The complaint in the YouTube case offers some examples of channels the FTC considered to be directed to children. For example, many content creators explicitly stated in the “About” section of their YouTube channel that their intended audience was children under 13. Other channels made similar statements in communications with YouTube. In addition, many of the channels featured popular animated children’s programs or showed kids playing with toys or participating in other child-oriented activities. Some of the channel owners also enabled settings that made their content appear when users searched for the names of popular toys or animated characters. Read pages 10-14 of the YouTube complaint to see the FTC’s analysis in context.

I have read the new standers you are putting on YouTube content creators is not right when it comes to Anima, because lumping all animation together is not correct. Yes a lot of animation is for kids, but most is ment for people ages 16 and up. I understand that a large majority of the people that work for the F.T.C. do not watch or understand anima, but you should do some due diligence and research the differences in all types of anima.

If you're going to threaten to sue content creators around 35-42 thousand dollars or so...you should be much more specific about your guidelines. A lot of the language here is contradictory or vague at best.

It is the parents responsibility to control what their children watch. Fining content creators will not solve anything, but I am guessing that coppa doesn’t actually want to fix anything they just want to take money and this is what they come up with as an excuse to do so.

the only thing COPPA will do for children is get rid of videos directed towards them. with the huge losses that a creator takes from making a video for kids, no one will want to do it. The terms are also way too vague and don't express clearly what is and isn't for kids

I understand why this law was considered, but there is something people need to understand. YouTube is not a free TV service, It's a platform where individuals can share their creations to the world and see the reactions of others to said creations. Recently, people have been uploading full episodes of children's cartoons and other "kid-friendly" content in order to manipulate YouTube's algorithm and make a profit off of it. Parents are now under the assumption that all of YouTube should follow in these channels footsteps. This is not the case. YouTube should not be used by very young children and people need to understand that it is not a platform to watch television programs on.

As a viewer of YouTube, and as a Mother and Grandmother I know that Children are naturally inquisitive about everything, so how would a creator ever be able to make a video about anything without a child wanting to watch it! And what YouTube and Google did was not the fault of the Video Creators, YouTube and Google were the ones collecting IP Address's or names and personal information, they were the one's running the website, just like they have collected all personal data on everyone that has ever crossed their internet path. I ask that you please look to a different solution, such as the parents allowing the children to use their devices and accessing YouTube only under a child's login account.

i know that this is just to protect kids, but whatever law you make, it will always be parents and community that make them safe from any content. go to places where crime can be seen by kids and thought that its just normal. do youtube content have something to do with what they will acquire? there is youtube kids that my son use and its enough son to view appropriate content. even normal tv channels will show lots of appealing to kids advertisements, how would they comply with this vague law?

FTC... You are not answering a single comment or question here, so why have a comment section? My content is not "MADE FOR" kids, but is perfectly appropriate for them to view. YOU HAVE NO ANSWER TO THIS SCENARIO.

This is killing YouTube! Please stop this. This is nonsense. So many you tubers are going to loose their jobs. This is not YouTube’s fault, because you aren’t even allowed to have a YouTube account under the age of 13. It is the parents that are supposed to watch their kids watching stuff on YouTube, not YouTube babysitting the children. Please stop this COPPA thing and let us enjoy YouTube with how it was and how everyone enjoyed it.

Easy fix! Just don't allow YouTube and Google to collect information! How difficult is that? This is more confusing and bureaucratic nonsense. With idiotic rules and regulations we are creeping ever more closely to the precipice of totalitarianism.

It's time for parents to step up to the plate and monitor the content their child is watching. It is not up to the rest of us to do that!

Greetings FTC,
Thank you for taking the time to read my post.
As you can see by the name I choose to use today to write you I am not a YouTube Channel creator, but a mere fan.
Over the years as a fan who views videos I have come to enjoy certain content avenues.
Many videos I enjoy I could easily see become entangled in a new kind of legal web what some call in legal terms the "grey area".
( Not advertised for kids under 13, yet not enough to classify their content as rated R like you would for a movie. )
What may appear to be a simple solution could suddenly lead to many unintentional consequences.

To me I have always considered YouTube videos made by content creators to be "Home Made Fan Videos".
Videos that are made by those who at times enjoy doing something they are passionate about.
Soon some of these creators decided to take that passionate hobby and make it into a way of living.
Yet over the years like anything created I can whole heartily understand from those who believe in certain
unforeseen cruelty and concerns that their children may be taken advantage of by others. No one wants that to happen to them.

Again many of these YouTube content creators are individuals who probably have never had any invested interest in governance and regulations
to begin with. They just make these videos for their fans to enjoy. They're not a major television outlet.
Never realizing they may now need certain legal council just to know if there videos
are in compliance, and even then that recourse may not be financially viable for them at that time.

Again as a very important reminder in this situation it was the companies that agreed to the settlement.
The actual content creators that use the YouTube platform everyday may or were probably unaware of this situation that had taken place.
The content creators may have not even had a say in that discussion or recourse
in this entire process so I can only and sincerely ask the FTC to please keep this in consideration in regards to how you decide
where to take this regulation/law going hereon.

Since you are politely allowing everyone a chance to include a final opportunity to say anything on this matter and again I thank you for this
here is what I would like to add to this discussion for consideration:

1. From what I understand YouTube already has a channel focused for children called YouTube Kids.
I listened today from a YouTube content creator an idea that may help in some regard:
That proposition is if people who wish to use or watch regular YouTube you must first create an account to view the content on YouTube.
If need be you can also request to help show proof of permission as in having to make a phone call or send a confirmation
to their email address for the first time when creating an account.
This is already done when it comes to logging on certain websites.
From now on if you wish to watch videos on YouTube you must first have a registered account to log in to view the content on YouTube.
This proposition is only for YouTube and not YouTube Kids since YouTube Kids is meant to be a website for all ages.

2. I also agree with the individual who mentioned General Audience option for YouTube videos.
As someone who enjoys playing video games we already have a volunteer system that is still used today called the ESRB.
We should allow the content creators that same kind of latitude when it comes to making videos on YouTube.
Many already do this and are maturely responsible individuals. Allow the creators to police themselves.
If you give the Content Creator the opportunity/option to decide where they believe their videos is best age appropriate
it will help avoid confusion and any unnecessary conflicts.

3. If the belief that certain viewing individuals are falling prey to advertisement through YouTube
unknowingly then allow the content creator the option to decide if they are making these videos for money
or just for the pure joy of making videos.
If its just to make video content for fun have them agree to forfeiting their choice to make money on that video by their own consent.
Again this is only if the content creator decides if this is what's in their best interest.
That the video itself has no advertisements to get around this choice.
If however they decide at a later date that they wish to monetize that video they then need to go through an appeal process.
It's important to know if they're doing this just for fun the last thing they need to worry about is being fine/penalized for the content they are sharing freely to others to begin with.

In closing I would like to say in the end when it comes to children many of us just want to do what we believe is the best thing for their future.
Yet its important to also remember the ones who use to be the children.
That have now grown up and are aspiring their own dreams.
One of those dreams being the joy through the passion to provide through the videos they share on their favorite platform called YouTube.
A platform they continue to use today and with hope can still continue to use it the way they had in the past
without the fear of being punished for their joy. And as a fan who watches these videos I still hope I can continue to share in their joy.
I sincerely thank you for your time FTC and I wish you good day.

So YouTube breaks the rules and then try their best to figure out a way to 'Not Pay' content creators... Gotcha
Nothing like making everybody pay when you get caught with your corporate hand in the cookie jar.

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